John Marshall, Marbury v Madison and Judical Review—How the Court Became Supreme
Adapted from EDSITEment, a Thinkfinity.org partner, Digital History, and Classbrain.com
Chief Justice John Marshall (r.) and Associate Justice Joseph Story discussing the 1803 Marbury v. Madison opinion in front of the U.S. Capitol. It should be noted that Justice Story did not join the Court until 1811, eight years after this historic decision was handed down. From the bronze doors of the Supreme Court building, Washington, DC. Image courtesy of The Supreme Court of the United States.
Guiding Questions
What is the role of the Supreme Court regarding laws passed by Congress and state legislatures, and how did John Marshall's decision in the case of Marbury v. Madison help to underscore the Court's pre-eminence?
Why was the establishment of the notion of judicial review so important for the future history of the Supreme Court and the United States?
Learning Objectives
After completing this lesson, students will be able to explain:
the role of the Supreme Court in interpreting the Constitution;
the significance of Marbury v. Madison;
the concept of judicial review and how Marbury v. Madison solidified it
Do Now:
Copy and paste the following in your virtual notebook on your Supreme Court page. You will fill in the answers in another color/font.
“You have been elected the new Mayor of Malden. Before leaving office, the old mayor gave jobs to several of his political friends but the paperwork hasn’t made it to the personnel office yet.
A. Should you 1) honor the jobs promised by the old mayor, or 2) cancel the jobs since they aren’t “officially” in the system yet? B. What are the possible negatives to denying these people their jobs? What are the possible positives to allowing them to take these jobs? C. Would it make a difference if the perspective employees had worked against you in the mayoral elections?
Share your answers with a partner. Add these to your notebook in a different color/font
The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish....The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority....In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
Since the argument of Marbury v Madison in 1803, the Supreme Court has ruled that is has the power of judicial review. There is some debate over this power.
Activity 2 - Hearing and Seeing the case review
Review of the overall meaning of the case.
Listen to the following link for a summary of the case, then analyze the political cartoon below using the I see/It means template:
Complete I See then Pair/Share response and revise as needed (track changes)
Complete It Means then Pair/Share response and revise as needed (track changes)
Write summary, highlight key terms - determine POV then Pair/Share response and revise if necessary
Full class discussion: check in with pairs on final analysis. Use track changes to add comments from discussion
Activity 3 - Apply the concept of judicial review to two modern cases
Open and save the document below. With a partner, review the examples of two famous recent Supreme Court cases, and explain how the idea of judicial review applies in both.
o Predict how the government would be different today if the Supreme Court had not given itself the power of judicial review in Marbury v. Madison. post your responses on to your virtual notebook.
John Marshall, Marbury v Madison and Judical Review—How the Court Became Supreme
Adapted from EDSITEment, a Thinkfinity.org partner, Digital History, and Classbrain.comChief Justice John Marshall (r.) and Associate Justice Joseph Story discussing the 1803 Marbury v. Madison opinion in front of the U.S. Capitol. It should be noted that Justice Story did not join the Court until 1811, eight years after this historic decision was handed down. From the bronze doors of the Supreme Court building, Washington, DC. Image courtesy of The Supreme Court of the United States.
Guiding Questions
Learning Objectives
After completing this lesson, students will be able to explain:Do Now:
Copy and paste the following in your virtual notebook on your Supreme Court page. You will fill in the answers in another color/font.“You have been elected the new Mayor of Malden. Before leaving office, the old mayor gave jobs to several of his political friends but the paperwork hasn’t made it to the personnel office yet.
A. Should you 1) honor the jobs promised by the old mayor, or 2) cancel the jobs since they aren’t “officially” in the system yet?
B. What are the possible negatives to denying these people their jobs? What are the possible positives to allowing them to take these jobs?
C. Would it make a difference if the perspective employees had worked against you in the mayoral elections?
Share your answers with a partner. Add these to your notebook in a different color/font
Activity 1 - Overview of the Case and Importance
Open the document below and mark it up:
In case you forgot from last week, here is a review of how to mark up a document virtually:
Explain:
What is judicial review? Is it mentioned in the Constitution?
The Constitution states in
Article III:
The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish....The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority....In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
Since the argument of Marbury v Madison in 1803, the Supreme Court has ruled that is has the power of judicial review. There is some debate over this power.
Activity 2 - Hearing and Seeing the case review
Review of the overall meaning of the case.Listen to the following link for a summary of the case, then analyze the political cartoon below using the I see/It means template:
Conversation between Marshall and Jefferson
Activity 3 - Apply the concept of judicial review to two modern cases
Open and save the document below. With a partner, review the examples of two famous recent Supreme Court cases, and explain how the idea of judicial review applies in both.Closing:
o Predict how the government would be different today if the Supreme Court had not given itself the power of judicial review in Marbury v. Madison. post your responses on to your virtual notebook.
Resources
EdSITEment overview lesson
Digital History Summary
Judicial Review summary
Article on Marbury v Madison
Supreme Court case history
StreetLaw